SRC-JBJ S.B. 1223 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1223
By: West, Royce
Jurisprudence
3/22/2001
As Filed


DIGEST AND PURPOSE 

Currently, Chapter 52 of the Government Code sets out provisions governing
the registration, certification and operation of court reporters in Texas.
As proposed, S.B. 1223 amends those provisions to establish a registration
system for court reporting firms and amends provisions regarding the
composition of the Court Reporters Certification Board to include
representatives from certified shorthand reporter-owned firms and non
certified shorthand reporter-owned firms. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the supreme court in SECTION 3
(Section 52.002, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 52, Government Code, as follows: 

 CHAPTER 52.  New heading: COURT REPORTERS AND SHORTHAND 
REPORTING FIRMS

SECTION 2.  Amends Section 52.001, Government Code, by adding Subdivisions
(6) and (7), to define "shorthand reporting firm," "court reporting firm,"
"affiliate office," and "registration. 

SECTION 3.  Amends Section 52.002, Government Code, to authorize the
supreme court to adopt rules consistent with this chapter, including rules
governing the certification and conduct of official and deputy court
reporters and shorthand reporters, and the registration and conduct of
court reporting and shorthand reporting firms. 

SECTION 4.  Amends Section 52.011, Government Code, to provide that the
Court Reporters Certification Board (board) is appointed by the supreme
court and is composed of certain persons, including two unrelated non
Certified Shorthand Reporter-owned firm representatives whose firms have
operated as shorthand reporting firms in this state for more than the three
years immediately preceding their appointment to the board, one Certified
Shorthand Reporter-owned firm representative that has operated as a
shorthand reporting firm in this state for more than the three years
immediately preceding the appointment to the board, and three public
members who are citizens of this state.  Makes a nonsubstantive change. 

SECTION 5.  Amends Section 52.012(b), Government Code, to provide that
eight, rather than five, members of the board constitute a quorum. 

SECTION 6.  Amends Sections 52.013(a) and (c), Government Code, to set
forth certain actions required of the board.  Sets forth information the
board is required to maintain complete record.  

SECTION 7.  Amends Subchapter C and Section 52.021, Government Code, as
follows: 

 SUBCHAPTER C.  New heading:  CERTIFICATION OF REPORTERS

 Section 52.021.  New heading:  CERTIFICATION OF REPORTERS.
 
SECTION 8.  Amends Sections 52.021(g), (h), and (i), Government Code, to
authorize the board to enforce this section by seeking an injunction or by
filing a complaint against any, rather than a, person who is not certified
by the supreme court in the district court of the county in which that
person resides or in Travis County.  Deletes existing Subsection (h) and
(i) regarding registration with the board and rules applicable to a court
reporting firm. 

SECTION 9.  Amends Chapter 52C, Government Code, by inserting a new Section
52.026, as follows: 

Sec. 52.026.  FIRM REGISTRATION.  (a)  Prohibits a firm from assuming,
offering services or using the title or designation "court recording firm,"
"court reporting firm," "shorthand reporting firm," or any abbreviation,
title, designation, words, letters, sign, card, or device tending to
indicate that the firm is a court reporting firm or shorthand reporting
firm, unless that firm and its affiliate offices are registered with the
board, on a form prescribed by the board, as required by this Chapter. 

(b)  Authorizes the board to enforce this section by seeking an injunction
or by filing a complaint against a firm, its affiliate office, or both that
are not registered with the board in the district court of the county in
which the firm or affiliate office is located or in Travis County.
Requires that the action for an injunction shall be in addition to any
other action, proceeding, or remedy authorized by law.  Requires the board
to be represented by the attorney general, the county or district attorney
of this state, or the attorney general and the county or district attorney
of this state, or counsel designated and empowered by the board. 

 Redesignates Sections 52.026 - 52.029 as Sections 52.027 - 52.030

SECTION 10.  Amends Sections 52.027 and 52.028, Government Code, as follows:

Sec. 52.027. New heading:  REPORTER CERTIFICATION AND FIRM REGISTRATION FEE
AND RENEWAL.  Requires that a person who receives certification as a
shorthand reporter or a shorthand reporting firm that is registered by the
board must pay the initial fee, rather than initial certification fee, and
any other required fee before receiving the  certification or registration.
Provides that a certification or registration expires at 12:01 a.m. on
January 1 following the second anniversary of the date on which it was
issued unless the certification  or registration is renewed.  Authorizes
the board to reinstate a registration that has been expired for more than
120 days if the board finds, on a sworn affidavit of the registrant or by
another method determined by the board, that the registrant has corrected
all deficiencies and has paid all delinquent renewal fees and outstanding
fines.  Makes confirming changes. 

Sec. 52.028.  Requires that a person, to file a complaint against a
certified shorthand reporter or a shorthand reporting firm or affiliate
office, must meet certain conditions, including  having personal knowledge
of the alleged violations.  Requires the board, on receipt of a properly
executed complaint, to furnish a copy of the complaint and any attachments
to the shorthand reporter, rather than certified shorthand reporter, or
shorthand reporting firm or affiliate office that is the subject of the
complaint.  Provides that this section does not preclude the board in its
discretion, or any court of this state, from filing a complaint against a
certified shorthand reporter or a shorthand reporting firm. 
 
SECTION 11.  Amends Section 52.029(b), Government Code, to make conforming
changes. 
 
 SECTION 12.  Amends Section 52.030, Government Code, as follows:

Sec. 52.030. New heading:  DISCIPLINARY ACTIONS AGAINST COURT REPORTERS.
Authorizes the board, after receiving a verified complaint and giving the
certified shorthand reporter notice and an opportunity for a hearing as
prescribed by Section 52.028, to revoke or suspend the shorthand reporter's
certification or issue a reprimand to the reporter for certain offenses,
including unprofessional conduct, including giving directly or indirectly,
benefitting from, or being employed as a result of any gift, incentive,
reward, or anything of value to attorneys, clients, or their
representatives or agents, except for nominal items that do not exceed $50,
rather than $25, each transaction and $100, rather than $50, in the
aggregate for each recipient each year, and entering into or providing
services under a prohibited contract described by Section 52.034 of this
Act. 
 
SECTION 13.  Amends Chapter 52C, Government Code, by inserting a new
Section 52.031, as follows: 

 Sec. 52.031.  DISCIPLINARY ACTIONS AGAINST FIRMS.

(a)  Authorizes the board, after receiving a verified complaint and giving
the shorthand reporting firm or its affiliate office notice and an
opportunity for a hearing, as prescribed by Section 52.028, to suspend or
revoke a shorthand reporting firm or its affiliate office's registration or
issue a reprimand for certain offenses. 

(c)  Authorizes the board to suspend the registration of a shorthand
reporting firm or its affiliate office for a designated period of time,
until the shorthand reporting firm or affiliate office corrects the
deficiencies that were the grounds for the suspension, or until the
shorthand reporting firm or its affiliate office complies with any
conditions imposed by the board to ensure the shorthand reporting firm or
its affiliate office's future performance. 

  (d)  Authorizes a suspended shorthand reporting firm or affiliate office
to apply    for reinstatement by presenting certain specific proof. 

(e)  Authorizes the board, on its own motion, to conduct a hearing to
inquire into a suspension.  Authorizes the board, if the board finds that a
shorthand reporting firm or affiliate office has not corrected the
deficiencies that were the grounds of the suspension or has not complied
with the conditions imposed by the board, to revoke the registration of the
shorthand reporting firm or its affiliate office. 
 
 Redesignates Sections 52.031 - 52.034 as Sections 52.031 - 52.034.
 
SECTION 14.  Amends Section 52.031, Government Code, to authorize an
aggrieved person, shorthand reporting firm or affiliate office to appeal a
disciplinary action of the board to a district court in Travis County or in
the county of the person's residence or in the county in which the
shorthand reporting firm or affiliate office is located.  Requires the
presiding judge of the administrative judicial region, if the aggrieved
person is or the shorthand reporting firm or affiliate office provides the
official or deputy court reporter of the court in which the appeal will be
heard, to appoint the judge of another court or a retired judge to hear and
determine the complaint. 
 
SECTION 15.  Requires the board to issue a registration as required by
Section 52.013(a)(7), Government Code, as added by this Act, to each court
reporting firm or affiliate that registered with the board as required by
Section 52.026 , rather than Section 52.021(h), Government Code, before the
effective date of this Act. 

SECTION 16.  Effective date: September 1, 2001.